Community Bankers of Iowa Monthly Banker Update October 2013 | Page 13

Consumer Financial Protection Bureau Finalizes Modifications to Mortgage Rules Changes Resolve Implementation Issues and Clear the Way for Better Consumer Protections The Consumer Financial Protection Bureau (CFPB) has finalized amendments and clarifications to its January 2013 mortgage rules in order to help industry comply and to better protect consumers. The changes made today answer questions that have been identified during the implementation process. “Our mortgage rules were designed to eliminate irresponsible practices and foster a thriving, more sustainable marketplace,” said CFPB Director Richard Cordray. nator. • Clarify the points and fees thresholds and loan originator compensation rules for manufactured housing employees. • Revise effective dates of many loan originator compensation rule provisions: The new rule changes the effective date for certain provisions of the rule to January 1, 2014, in order to simplify compliance since compensation plans, training, and licensing and registration are often structured on an annual basis. The final rule is intended to clarify interpretive issues and faciliThe Bureau has published a Regulatory Implementation webtate compliance. Among other things, the modifications: site, which consolidates all of the new 2013 mortgage rules and • Facilitate lending in rural or underserved areas: Some of related implementation materials, and can be found at: www. the Bureau’s mortgage rules contain provisions applicaconsumerfinance.gov/regulatory-implementation ble to certain small creditors that operate predominantly in “rural” or “underserved” areas. The Bureau recently announced that it would reexamine the definitions of rural or underserved over the next two years. • Clarify what servicer activities are prohibited in the first 120 days of delinquency: Under the final rule, servicers will be allowed to send certain early delinquency notices required under state law to borrowers that may provide beneficial information about legal aid, counseling, or other resources. • Outline procedures for obtaining follow-up information on loss-mitigation applications: • Facilitate servicers’ offering of short-term forbearance plans: The modifications make it easier for servicers to offer short-term forbearance plans for delinquent borrowers who need only temporary relief without going through a full loss-mitigation evaluation process. • Clarify best practices for informing borrowers about the address for error resolution documents: The new rule provides more specificity on how to inform borrowers about the address by listing it on certain documents, such as an initial notice and a periodic statement or coupon book if applicable. New Look. Same Wisdom. • Make clarifications about financing of credit insurance premiums: The Bureau’s loan originator compensation rule adopted the Dodd-Frank Wall Street Reform BOLI & Deferred Compensation Experts 800.780.4EBN ebn-design.com and Consumer Protection Act’s prohibition on creditors financing credit insurance premiums in connection with certain mortgage ©2013 EBN transactions. • Clarify the definition of a loan origi- We’ve Upgraded.